HomeMy WebLinkAboutCFE agenda 110915AGENDA
Commission for the Environment
November 9, 2015
7:30 p.m.
Orange County Solid Waste Administration Building
1207 Eubanks Road, Chapel Hill
Time Item Title
7:30 I. Call to Order
7:32 II. Additions or Changes to Agenda
7:35 III. Approval of Minutes — October 12 (Attachment 1)
7:40 IV. Green Building Incentives
➢ Collaboration in Energy Conservation /Management (Attachment 6)
➢ Herbicides and pesticides used at County facilities (Attachment 7)
➢ CFE outreach / news articles (Attachment 8)
➢ Options for food waste diversion — Nov 4 public info session (Attachment 9)
➢ BOCC decision on Nov 2016 bond referendum (Attachment 10)
➢ McCrory signs HB 765 rules reform bill (Attachment 11)
➢ Former DENR Secretary comments on legislative changes (Attachment 12)
➢ OWASA biosolids management update (Attachment 13)
➢ Environmental Justice panel discussion - Nov 12 (Attachment 14)
➢ Industrial hemp becomes new legal crop in NC (Attachment 15)
9:15 IX. Adjournment
Nextmeeting; December 14 (Hillsborough)
Neal will present a draft resolution asking the BOCC to consider directing County staff to
develop green building incentives for commercial and large residential developments.
(Attachment 2)
8:00 V.
Falls Lake Rules Update
Davis will report on the Upper Neuse River Basin Association's ongoing efforts to improve the
Falls Lake Nutrient Management Strategy (Falls Lake Rules). (Attachment 3)
8:15 VI.
Annual Report and Work Plan (2015 -16)
Each year the BOCC asks its advisory boards to prepare a report of their activities,
accomplishments, new issues, and concerns for BOCC information. An initial draft report for
2015 -16 is attached for CFE consideration. The final report is due Dec 18. (Attachment 4)
8:30 VII.
Election of Officers
CFE members are scheduled to elect a new Chair and Vice -Chair for the upcoming year
in accordance with the CFE policies and procedures. (Attachment 5)
8:50 VIII.
Updates and Information Items
Staff and /or CFE members will provide updates on the following items:
➢ Collaboration in Energy Conservation /Management (Attachment 6)
➢ Herbicides and pesticides used at County facilities (Attachment 7)
➢ CFE outreach / news articles (Attachment 8)
➢ Options for food waste diversion — Nov 4 public info session (Attachment 9)
➢ BOCC decision on Nov 2016 bond referendum (Attachment 10)
➢ McCrory signs HB 765 rules reform bill (Attachment 11)
➢ Former DENR Secretary comments on legislative changes (Attachment 12)
➢ OWASA biosolids management update (Attachment 13)
➢ Environmental Justice panel discussion - Nov 12 (Attachment 14)
➢ Industrial hemp becomes new legal crop in NC (Attachment 15)
9:15 IX. Adjournment
Nextmeeting; December 14 (Hillsborough)
CFE Meeting Ground Rules (Adopted 9112111)
1. Keep to agenda topic under discussion
2. Share relevant information
3. One person speaks at a time after recognition by the Chair
4. Everyone is invited to participate in discussions / no one person should dominate
discussions
,. Strive to reach consensus first before voting
Activities the CFE expects to carry out in 2015:
• Continue to update the Orange County State of the Environment 2014 report
• Convene an Energy Task Force (or equivalent work group) to improve the County's
ability to foster local sustainable energy production and energy efficiency strategies
• Recommend ways to reduce the County's "carbon footprint" and implement the
County's Environmental Responsibility Goal
• Help with public outreach and management efforts related to hydrilla in Eno River
• Help initiate the development of a comprehensive conservation plan for Orange Co
• Collaborate with NC Botanical Garden and others to identify significant roadside
habitat for native plants; ask NCDOT and other utilities to protect those roadside
habitats [authorized by BOCC June 2012]
• Co- sponsor the annual DEAPR photography contest (The Nature of Orange)
• Help plan for and participate in DEAPR's annual Earth Day event
Concerns or emerging issues the CFE has identified for 2015:
• The CFE will continue to advocate for an expansion of the County's commercial food waste
pickup and composting services to reduce food waste in the solid waste stream
• The CFE remains interested in developing incentives for increasing energy efficiency in new
construction [January 2012 memo to Planning Board]
• The CFE will strive to learn more about environmental justice matters and incorporate
relevant information and considerations in the State of the Environment 2014 report
• The CFE will follow closely the Solid Waste Advisory Group's discussions of how to improve
the handling and disposal of Orange County's solid waste, and will advocate for better long-
term solutions
• The CFE will continue to advocate for increased efforts to gather information related to water
resources in Orange County and will continue to increase public awareness and
understanding of water supply sources, related concerns, and what steps can be undertaken
to maintain or improve the quantity and quality of Orange County water supply resources
• The CFE will continue to address, as appropriate, the critical environmental issues for Orange
County as enumerated on page 3 of the 2014 State of the Environment report, which include
potential adverse effects from a) invasive, non - native, plant and animal species; b) reductions
in State -led collection of water resources data; c) potential drilling for natural gas in the Deep
River basin; d) urban sprawl; and CFE support for e) the responsible deployment of clean and
appropriately -sited renewable energy and reductions in energy use to help fight climate
change
Attachment 1
Orange County
Commission for the Environment
DRAFT Meeting Summary
October 12, 2015
Richard Whitted Meeting Facility, Hillsborough
PRESENT: Jan Sassaman (Chair), May Becker, Tom Eisenhart, Lynne Gronback, David
Neal, Jeanette O'Connor, Gary Saunders
ABSENT: Sheila Thomas - Ambat, Peter Cada, Loren Hintz, Bill Newby, Rebecca Ray, Lydia
Wegman, David Welch
STAFF: Rich Shaw, Tom Davis, Brennan Bouma
GUESTS: David Stancil (DEAPR Director), Curt Farmer (DEAPR Parks Division)
Call to Order — Sassaman called the meeting to order at 7:38 pm.
Additions or Changes to Agenda — None.
III. Minutes — Sassaman asked if there were any comments about the meeting summary for
September 14 meeting. There were none; approved bV acclamation.
IV. Herbicides & Pesticides Used at County Facilities — Shaw reported that the BOCC
asked the CFE to look over a list of herbicides and pesticides used by County staff to
manage the grounds at Orange County buildings and facilities, and for the CFE to
provide any feedback or recommendations to the staff or to the BOCC.
Shaw referred CFE members to the memo and attached list of herbicides and pesticides
that was prepared by Tom Davis with input from other staff responsible for the use of
those chemicals on County -owned property. Shaw introduced Curt Farmer who
oversees athletic fields at the County's soccer complex (Soccer.com Center) and at
other County parks. Shaw also referred members to DEAPR's sustainable landscaping
policy, which states that pesticides and herbicides should be used no stronger than
directed and only when no other alternative exists. He said the policy also recommends
using organic fertilizers including compost.
CFE members asked questions about the list of pesticides and herbicides.
• Sassaman asked how long people are kept off the fields after herbicides are
applied. Farmer said each chemical is labeled with guidance on the proper time
interval for re- entry. Sassaman asked which is the most common herbicide
used. Farmer said it is glyphosate ( "RoundUp "); he uses 15 gallons annually.
• O'Connor asked whether the staff has used organic compost as a fertilizer.
Farmer said he has tried compost, but there were problems with it containing
unwanted materials, including nails and glass. He prefers using sand.
• Becker asked if the staff would be willing to use organic alternatives. Farmer said
he is certainly willing as long as they perform well and not too expensive. He
welcomed any information or guidance from CFE members. He intends to phase
out the use of 2 -4 -d products as alternatives for killing weeds become available.
Attachment 1
• Eisenhart asked how much of a role does cost play in the choice of products
used. Farmer said when using public funds price matters quite a lot.
• Gronback asked if Farmer uses a mixture of turf grass. Farmer said yes,
especially those that can outcompete the unwanted weeds.
• Stancil noted that many of the users of County fields — especially the Soccer.com
Center — demand high - quality fields that require special maintenance. He said
the center hosts many tournaments and college soccer showcase events.
• Bouma said he had performed a quick search for viable alternatives to 2 -4 -d, but
could not find anything suitable on line.
• Sassaman said he expects there is a fairly high level of safety and control for the
application of herbicides and pesticides on County sites by licensed staff. He
said he is more concerned about the use of these products by homeowners in
residential areas throughout the county. O'Connor and said she would like to see
more guidance targeted toward residential users of these chemicals. Stancil
noted that during the 2008 drought period the County held public meetings to
educate people about water conservation and the proper use of fertilizers.
• Becker cautioned that just because a product is EPA - approved and regulated
there may be alternatives that are better for the natural environment. O'Conner
agreed, but also noted that natural compost can also pollute streams.
• Gronback asked Farmer about the use of pre- emergent weed control products.
Farmer said he loves them because they often have a one -time application rate.
Bouma said he expects County staff would be welcome to a periodic review of its use of
herbicides and other chemicals, including the examination of alternatives. Farmer said
this discussion is helpful and timely because this is the time of year to identify product
needs for the coming year.
Bouma suggested the staff of DEAPR and AMS (Asset Management Services) meet
Periodically to discuss potential alternatives to some of the more caustic substances.
He said there are some non - profit organizations that monitor these issues and might
have some helpful suggestions.
CFE members thanked Davis, Farmer and Stancil for sharing this information.
V. Green Building Incentives – The CFE continued its discussion of potential incentives
for energy- efficient construction. Bouma provided an update on the Town of Chapel
Hill's early experience with the pilot commercial green building incentive in the Ephesus -
Fordham planning district.
Bouma reported that he had spoken with Jesse Freedman who, along with John
Richardson, had briefed the CFE on this program in April 2015. Bouma said the town
had only received three or four building permits for this district thus far, but only one of
those —an apartment building —is under construction. The town anticipates the
developer of that building will be applying for some kind of green building certification;
however it's unclear whether he would have done this regardless of the town's
incentives. Bouma explained that developers often choose to apply for such certification
as a marketing tool despite the high cost of applying and obtaining the certification.
2
Attachment 1
Bouma said it may be years before the Town of Chapel Hill has enough of experience
with this incentive program to determine the effectiveness of the program. He answered
questions from CFE members.
• O'Connor asked if developers are required to take the incentive. Bouma said no,
they are not. Neal said it may be unlawful to require that.
• Neal asked if the town staff knew how large a project needed to be to justify (or
pay back) the cost of the green building features. Bouma said he did not know,
but he noted he and other County staff are looking at potential green building
practices for the construction of the planned new County jail in Hillsborough.
Sassaman asked if there are any guarantees that future operators of the green
buildings will maintain them properly. Neal and Bouma said they did not think so.
Neal said he attended a recent conference and learned that human error
accounts for many failures in the operation of green building features. He noted,
however, there are new technologies for monitoring the performance of energy -
saving devices in buildings.
Neal suggested the CFE inform the BOCC that although there has not been enough time
to assess the effectiveness of the Town of Chapel Hill's commercial preen building
incentive program it may be worthwhile for Orange County to establish a similar
incentive program for large commercial development projects. Bouma suggested the
County may also want to include some large -scale residential development projects.
Neal and other CFE members agreed with that idea.
Sassaman asked if Neal was suggesting the CFE write another memo to the BOCC.
Neal said he thought it may be better to craft a CFE resolution, and that he is willinq to
prepare a draft resolution for CFE consideration at the November meeting.
Sassaman thanked Bouma and Neal for the report and the proposed next steps.
VI. Collaborative Enerav Conservation / Manaaement Proiects — Saunders and Bouma
reported on the third meeting of the interagency committee working to collaborate on
projects to address energy conservation and management projects of mutual interest
and where there may be opportunities for collaboration among the entities, OWASA,
Orange County, UNC, and the towns of Carrboro and Chapel Hill.
Saunders reported the group selected five projects, and for each one the group has
identified a "champion" and some initial next steps. The five projects are as follows:
• Biogas to energy at OWASA wastewater treatment plant
• Technical evaluation of solar PV opportunities at public facilities /land tracts
• Street lighting coordination (particularly lighting under direct control of agencies)
• Fleet management opportunities
• Joint energy and carbon tracking and reporting
Saunders said the next meeting will be October 28, during which the group will discuss
the five projects and determine where to go next. Bouma said the group members seem
to be collaborative and the meetings have been productive thus far.
Sassaman thanked Saunders and Bouma for their report.
3
Attachment 1
VI I. CFE Outreach / News Articles — Shaw presented an updated schedule for new articles
to be prepared by staff and CFE members. Bouma said he would work with Neal on the
next article summarizing the recent activities of the Solarize Orange initiative. Bouma
said he would be meeting with Rob Pinder (Next Climate / Solarize Orange) the next day
and would ask for summary information to include in the article. Shaw reported that the
article about fracking that the CFE approved at the September meeting was submitted to
the newspapers on September 19; however he heard back from Mark Schultz (Chapel
Hill News) that it might not be published until after the Chapel Hill elections. Shaw said
he has not yet seen the article in The News of Orange County.
Bouma reported that three ideas for public service announcements (PSAs) that CFE
members offered in September have been prepared for airing on WCHL radio during the
month of October. He thanked the CFE for their input on that initiative.
VIII. Annual Report and Work Plan (2015 -16) — Sassaman reminded CFE members that
each year the BOCC asks its advisory boards to prepare a report of their activities,
accomplishments, new issues, and concerns. He referred members to the 2014 -15
report in the meeting materials. He noted the 2015 -16 will be due December 18.
Shaw suggested he would work with Davis and Bouma to prepare a draft 2015 -16 report
for the CFE to discuss and revise in November. The CFE agreed with that plan.
IX Updates and Information Items — Information on the following subjects was provided in
the meeting package; selected items were discussed: a) Green Restaurant Challenge,
b) solid waste /recycling /food waste, c) Orange County support for small solar, d) Nov
2016 bond package, e) OWASA biosolids management, f) Forest Service advice for ash
trees, g) Raleigh streetlights to be switched to LED, h) Changes to state environmental
laws /rules, i) EPA's environmental justice efforts, j) NC House and Senate pass
industrial hemp bill, k) Fine particles linked to early death, i) Haw River Trail
X. Adjournment — Sassaman adjourned the meeting at 9:00 pm.
Summary by Rich Shaw, DEAPR Staff
E
DRAFT CFE Resolution — November 9, 2015
ORANGE COUNTY COMMISSION FOR THE ENVIRONMENT
RESOLUTION
Incentive Program for Energy Efficient Construction
WHEREAS, energy efficiency is the lowest cost, cleanest, and most underutilized resource for
meeting our energy needs; and
WHEREAS, energy efficiency in new construction enhances comfort and saves money for the
occupants of those structures for the life of the structure; and
WHEREAS, there are split incentives between builders and occupants when it comes to
investments in energy efficiency in new buildings because those efficiency measures can add
costs for builders that result in savings for later occupants;and
WHEREAS, saving money by using less energy would most benefit low- income residents who
pay the largest percentage of their incomes on monthly power bills; and
WHEREAS, energy efficiency measures, by reducing the need to produce new electricity from
burning fossil fuels, reduce air pollution and save money for all rate payers by minimizing the
need for energy producers to invest in new production and transmission capacity; and
WHEREAS, state law allows county and city governments to enact incentives for energy
efficient construction in the form of rebating permitting fees, but otherwise does not allow local
governments to require more energy efficient construction than is already required by the state
building code; and
WHEREAS, the Town of Chapel Hill adopted an incentive program for energy efficiency
construction, allowing for rebates of permitting fees for energy efficient construction that meets
certain objective benchmarks in the Ephesus - Fordham District.
NOW, THEREFORE, BE IT RESOLVED:
That the Orange County Comission for the Environment (CFE) recommends that the Orange
County Board of County Commissioners adopt an incentive program that rebates permitting
fees, modeled after the program adopted by the Town of Chapel Hill, for all new commercial and
residential construction and look for creative ways to encourage low or no -cost energy efficiency
upgrades to existing buildings, primarily targeted at our lowest- income neighbors to provide
them with savings on their utility bills.
This the _ day of 2015.
, Chair
Orange County Commission for the Environment
The Ephesus Fordham Area became a new zoning district in July 2014. Our goal is to renew and
transform an area characterized by strip malls, parking lots, confusing roadways and traffic congestion.
The area includes some of Chapel Hill's older, suburban style shopping centers — including Eastgate
Shopping Center, built in 1958; Village Plaza, built in 1974; and Rams Plaza, built in 1982.
The Ephesus / Fordham District is located near the intersection of Ephesus Church Road and Fordham
Boulevard in northeast Chapel Hill and encompasses about 163 acres. Some notable landmarks in the
District include Rams Plaza, Village Plaza, Europa Center, and Eastgate Mall.
Since 2010, the Council has been discussing policy alternatives for the Ephesus / Fordham District to
facilitate positive changes to traffic patterns, stormwater management, affordable housing opportunities,
land use management, and other community interests while simultaneously encouraging new
reinvestment. The result has been a comprehensive package of ongoing improvements designed to renew
the Ephesus / Fordham District. Some of these improvements include:
• Implementation of a form -based code to manage private development
• A pilot program to incentivize energy and water conservation
• A pilot program to incentivize development of affordable housing throughout the District
• Partnering with a local non-profit affordable housing developer to provide housing for seniors & families
• Roadway improvements to improve connectivity and access for motorists, bicyclists, pedestrians, buses
• Upstream improvements to the Lower Booker Creek Watershed
• Identifying opportunities for new recreation facilities
• Implementation of a Municipal Services District
• Development of new design guidelines
• Development of new streetscape standards
Together, these projects are intended to advance the community goals outlined in the Chapel Hill 2020
Comprehensive Plan and address interests expressed in the Chapel Hill Community Survey. A tentative
s�_ aaa �lcr_e�l_a° tr b�al actions is available online.
0 Will new buildings meet energy and water conservation standards?
Currently, North Carolina state law does not allow municipalities to require building standards more
stringent than the state building code. To support Chapel Hill's environmental stewardship goals outlined
in the Town's Chapel Hill 2020 Comprehensive Plan, the Council has implemented a pilot rebate
program to incentivize sustainable building design in the District. This program authorizes a 35% rebate
on permitting fees associated with the construction or renovation of qualifying development proposals.
Qualified proposals must achieve an ENERGY STAR 1 -100 score of 75 and meet the State's water
performance standard for public buildings.
Will the community receive regular updates about progress i
Ephesus/Fordham District?
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ORANGE COUNTY
BOARD OF COMMISSIONERS
WORKSESSION AGENDA ITEM ABSTRACT
Meeting Date: November 10, 2015
SUBJECT: Upper Neuse River Basin Association Update
DEPARTMENT: DEAPR
ATTACHMENT(S):
1. Falls Lake watershed
2. Excerpts from October 2014
Agenda Abstract
3. Water Quality Results Graph
4. Streamflow Comparison
5. UNRBA Project Schedule
Action Agenda
Item No.
PUBLIC HEARING: (YIN) No
INFORMATION CONTACT:
David Stancil 919 - 245 -2510
Tom Davis 919 - 245 -2510
PURPOSE: To inform the Board of County Commissioners on recent activities of the Upper
Neuse River Basin Association ( UNRBA).
BACKGROUND: The Upper Neuse River Basin Association ( UNRBA), of which Orange
County is a member, is working on a multi -year effort (titled "The Path Forward ") to revise Stage
II of the Falls Lake Nutrient Management Strategy (Falls Lake Rules). As currently written,
Stage II of the Falls Lake Rules requires local governments, the NCDOT, the agricultural
community, and other regulated parties located in the Falls Lake watershed (Attachment 1) to
reduce nitrogen and phosphorus nutrient loading to Falls Lake by 40% and 77 %, respectively.
While the members of the UNRBA agree that protecting Falls Lake as the City of Raleigh's
water supply is paramount, the members also agree that there are serious technical and
financial impediments to meeting these nutrient reduction goals.
Additional background information concerning the Falls Lake Rules, the underlying Consensus
Principles, estimated costs to comply with the Falls Lake Rules, and related information are
provided in Attachment 2, excerpts from the agenda abstract prepared for the October 14, 2014
Board of County Commissioners meeting.
The UNRBA continues to make progress on several important projects, including:
1. Lake and Watershed Water Quality Monitoring
2. BMP Nutrient Credit Development
3. Development of Nutrient Credit Calculation Tool
4. Falls Lake Rules Review
1. Lake and Watershed Water Quality Monitoring
CardnoEntrix, the consultant working for the UNRBA, completed the first 12 months of water
quality sampling in July 2015. The Falls Lake Rules stipulate that in order for outside data to be
evaluated during the re- examination of Stage II of the Falls Lake Rules, a minimum of three
years of sampling data must be collected for the data to be considered by the Environmental
Management Commission (EMC). The UNRBA's water quality sampling program is producing
information for the following purposes:
♦ Determination of sources of nutrients in the watershed and the loading of nutrients
from individual jurisdictions to Falls Lake;
♦ Falls Lake response modeling;
♦ Development of data for consideration of additional regulatory options; and
♦ Linkage of water quality conditions in Falls Lake to the designated uses of the
Lake.
Attachment 1 identifies the locations of surface water sampling stations for both the jurisdictional
and lake tributary nutrient loading determination projects. All of the data collected is available
for review at the web site set up for this purpose: http: / /unrba- wqp.cardno.com/
Attachment 3 is an example of the results obtained from water quality samples collected in five
streams that feed into the northern end of Falls Lake. Fairly significant variations in these
nutrient concentrations are seen among the five streams, as well as over the course of the time
interval shown for two of the streams listed. Attachment 4 illustrates variations in the volume of
stream flow in three streams in the upper portion of the Falls Lake watershed. The combination
of nutrient concentration and rate of streamflow in each individual stream determines the
amount (loading) of nutrients entering Falls Lake, so a stream that contains a low concentration
of nutrients (such as Eno River) could actually contribute more nutrient loading if its' streamflow
was significantly larger than a second stream with a higher concentration of nutrients (such as
Ellerbe Creek).
CardnoEntrix is also collecting data for the following Special Studies as part of the Falls Rules
re- examination process:
♦ Falls Lake Constriction Point Monitoring
♦ High Flow Monitoring
♦ Storm Event Sampling
♦ Sediment Sample Analysis
♦ Light Penetration Analysis
♦ Volatile Suspended Sediment Determination
♦ Survey of Recreational Use of Falls Lake
♦ Model Performance Evaluation
♦ Evaluation of Regulatory Options to Falls Lake Rules
2. BMP Nutrient Credit Development
CardnoEntrix is continuing to work on a project to develop nutrient reduction Best Management
Practice (BMP) credits. The project will be beneficial to UNRBA member governments
(including Orange County) by increasing the number of structural devices and other stormwater
practices with known nutrient reduction values. These BMPs will then be available for affected
parties to use to meet the required nutrient reduction goals under Stages I and II of the Falls
Lake Rules. This is sometimes referred to as increasing the number of nutrient reduction
measures available in the "BMP tool box ". Subject matter experts are developing nutrient credit
values and practice standards for three "batches" of BMPs:
BMP Batch 1: Infiltration Devices
Filter Strips
Soil Amendment
BMP Batch 2: Bioretention Devices
Land Conservation
Pervious Area Nutrient Management
Batch 3: Livestock Exclusion
Riparian Buffers
Elimination of Illicit Discharges
After CardnoEntrix develops draft nutrient credits and practice standards for each of these
BMPs, the NC Division of Water Resources (DWR) will evaluate this information and determine
what nutrient reduction credit is appropriate for each BMP. Once this process is completed,
affected parties, including local governments, will be able to utilize these BMPs to meet required
nutrient reduction targets.
3. Development of Nutrient Credit Calculation Tool
Also ongoing is the development of a spreadsheet -based tool for local governments to calculate
nutrient reduction credits for specific on -site nutrient reduction measures, as well as for more
regional programmatic practices such as street sweeping or fertilizer management. This tool will
allow municipalities in the watershed to evaluate the impact of various nutrient reduction devices
and practices at different locations in the watershed, allowing local governments to determine
the most cost - effective means of meeting required nutrient reductions.
4. Falls Lake Rules Review
The Regulatory Reform Act of 2013 (HB74) mandated that all State rules expire within ten years
of their effective dates, unless readopted. Currently, DWR is concluding an informal comment
period for the Falls Lake Rules, which will be followed in 2016 by a public comment period.
UNRBA is working to develop comments on the Falls Lake Rules that all UNRBA members can
agree on. Several UNRBA local governments, including Orange County, have already
submitted informal comments concerning these rules.
4
A tentative schedule for ongoing UNRBA tasks is included as Attachment 5. As can be seen
from this schedule, the UNRBA anticipates continuing the studies discussed herein for the next
several years. Stage II of the Falls Rules is the period extending from 2021 to 2036, with the
overall goal of meeting nutrient related water quality standards throughout Falls Lake by 2041.
This schedule may change as a result of the Rules Review process that is underway.
FINANCIAL IMPACT: There is no financial impact to the County at this time. Given the
extensive process underway concerning the re- examination of Stage II of the Falls Lake Rules
and the water quality analysis included in this process, it is expected that UNRBA dues will
remain elevated for several years.
SOCIAL JUSTICE IMPACT: This project is consistent with Social Justice Goal: ESTABLISH
SUSTAINABLE AND EQUITABLE LAND -USE AND ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures,
incomes and educational levels with respect to the development and
enforcement of environmental laws, regulations, policies, and decisions. Fair
treatment means that no group of people should bear a disproportionate share of
the negative environmental consequences resulting from industrial, governmental
and commercial operations or policies.
The Path Forward Project to re- examine the Falls Lake Rules is underway, at least in part,
because of the cost that would be incurred by residents in the watershed to comply with the
Rules.
RECOMMENDATION(S): The Manager recommends that the Board consider this information
and provide feedback and guidance as desired.
I
4.
—al
0�,
Monitoring Locations Active LISGS Gages
Lake Loading Sites 0 Discharge
Jurisdictional Boundary Sites A Stage o�
NPIDIES Permits
0 Major Falls Lake Watershed Municipal 0 Minor I Boundaries
01
'10
ENTRIX
Attachment 1. Falls Lake watershed. Lake loading r
boundary water quality sampling locations shown.
Attachment 2. Excerpts from October 14, 2014 UNRBA Agenda Abstract
BACKGROUND: The Falls Lake Nutrient Management Strategy (Falls Lake Rules) require
local governments, the NCDOT, the agricultural community, and other regulated parties located
in the Falls Lake watershed (Attachment 1) to reduce nitrogen and phosphorus nutrient loading
to the lake by 40% and 77% respectively by 2036. Regulated parties anticipate significant
financial and technical difficulties with meeting the mandated nutrient reduction targets. The
fiscal note prepared by the State at the time the Falls Lake Rules were developed estimated the
cost of compliance with the rules to be at least $1.5 billion. Many affected parties believe the
phosphorus reduction goal of 77% is not attainable at any cost.
As a result of the challenges with meeting the goals of the Falls Lake Rules, the Upper Neuse
River Basin Association (UNRBA), of which Orange County is a member, is working to revise
Stage II of the Falls Lake Rules. The activities of the UNRBA are guided by the Consensus
Principles, which have been adopted by nearly all of the jurisdictions in the Falls Lake
watershed, including the Orange County BOCC on March 16, 2010 (Attachment 2). The
Consensus Principles emphasize the protection of Falls Lake as a water supply for the City of
Raleigh, while also stating the need for re- examination of Stage II of the Falls Lake Rules.
Consensus Principles
Consensus Principle #9 includes the following with regard to the development of the Falls Lake
Rules: "...relied on a limited data base which will be substantially enhanced by a more rigorous
program of sampling, monitoring and analysis." Furthermore: "The EMC [Environmental
Management Commission] should therefore begin a re- examination of its nutrient management
strategy for Falls Lake by January 1, 2018. The re- examination should consider, among other
things, (/) the physical, chemical, and biological conditions of the Lake with a focus on nutrient
loading impacts and the potential for achieving the Stage 1 goal by 2021 as well as the
feasibility of both achieving the Stage 2 reduction goals and meeting the water quality standard
for chlorophyll -a in the Upper Lake, (h) the cost of achieving, or attempting to achieve, the Stage
2 reduction goals and meeting the water quality standard for chlorophyll -a in the Upper Lake,
(iii) the existing uses in the Upper Lake and whether alternative water quality standards would
be sufficient to protect those existing uses...".
Consensus Principle 10 states: "The limited resources available to DWQ [Division of Water
Quality, now Division of Water Resources - DWR] and DENR [Department of Environment and
Natural Resources] for the implementation of the nutrient management strategy and the need
for a robust and active sampling and monitoring program, as well as additional modeling, make
it desirable for the affected local governments to share resources and undertake these
important activities, and other activities associated with the re- examination of the Nutrient
Management Strategy, collectively. The affected local governments should share resources
and assist with funding for the examination of the Nutrient Management Strategy."
Attachment 2. (Continued)
UNRBA Projects
Given the challenges with meeting Stage II of the Falls Lake Rules, as well as the guidelines
outlined in the Consensus Principles document, the UNRBA is already either working on, or is
planning to begin, the following projects:
• Estimation of nutrient sources and jurisdictional loading of nutrients to Falls Lake
• Modeling the response of Falls Lake to nutrient input and internal lake processes
• Monitoring of changes in the lake as a result of compliance activities in the watershed
• The linkage of water quality conditions to the designated uses of Falls Lake
• Estimation of BMP credits for measures without DWR- established credits
• Support of various options under the existing regulatory framework in North Carolina
The UNRBA has retained a consultant to help examine options for meeting the requirements of
Stage II the Falls Lake Rules while incorporating the goals of the Consensus Principles.
According to the Framework for a Re- examination of Stage 11 of the Falls Nutrient Strategy
prepared by the consultant, CardnoEntrix: "The re- examination should consider existing data,
models, nutrient management strategies, the Consensus Principles, water quality standards
(including designated uses and water quality criteria), implementation costs, and regulatory
flexibility."
Water Quality Sampling
During July 2014, CardnoEntrix received approval from DWR for three required technical
memoranda that had been prepared and submitted for DWR review that describe in detail the
watershed sampling project that will form the foundation of the re- examination process:
• Quality Assurance Project Plan (QAPP)
• Falls Lake Watershed Monitoring Plan
• Modeling Framework
The QAPP and the Monitoring Plan describe the three to five year watershed sampling effort
that was initiated in August 2014. The water quality sampling program will provide information
for the following purposes:
• Determination of nutrient source allocation and jurisdictional nutrient loading to Falls
Lake;
• Falls Lake response modeling;
• Development of data for consideration of additional regulatory options; and
• Linkage of water quality conditions in Falls Lake to the designated uses of the Lake.
Attachment 2. (Continued)
Modeling Data Gaps
UNRBA re- modeling of Falls Lake is expected to start in approximately 2 years, and is intended
to update the lake response model that DWQ utilized in the development of the Falls Lake
Rules. The UNRBA contractor identified several gaps in the data used by DWQ in the modeling
completed during the development of the Falls Lake Rules, including:
• DWQ held constant the total organic carbon and chlorophyll -a input values assumed for
the tributaries feeding into Falls Lake. These concentrations were based on levels
measured within the lake, not in the tributaries. It is probable that these concentrations
were artificially high to begin with and were unable to decrease at all over the course of
the modeling study.
• There are no stream gages on any of the streams that flow into Falls Lake east of 1 -85,
thus no flow information was incorporated for any of these 12 streams.
• Atmospheric deposition of nitrogen in the lake or watershed was not accounted for by
DWQ.
• Streambank erosion, possibly a significant source of phosphorus in the watershed, was
not considered as a possible source by DWQ.
• Internal lake processes, such as sediment re- suspension, were also not accounted for by
DWQ.
I
PIDUO,
• MI-TWITAWNT IIATO I
jan-16 Feb-I Feb-15 Mar -1 Mar-16 Apr- I Apr -1.6 May-I
2015 2015 2015 2015 2015 20,15 2015 2015
M. �.
Eno River gage at Hillsborough —
Knap of Reeds Creek gage near Butner - we
Ellerbe Creek at Club Boulevard — IN
Attachment 4. Graph comparing streamflow in the Eno River, Knap of Reeds
Creek and Ellerbe Creek.
comp4le Tootitcyring
Prograni QAPP and
DINR review and
PreHnminane Rexdis�ons
to EFDC Model asid
Figure a Potential Schedule for the nul,� -lent resjpc)nse niodet, refinements and R,e,,-
examination of Stage [I of tl IF affs Lake Rules
Attachment 5. UNRBA Falls Lake Rules Stage II re-examination process schedule.
NAME OF BOARD /COMMISSION:
Report Period:
DRAFT November 9, 2015
Commission for the Environment
20145111- 201-56111
ORANGE COUNTY ADVISORY BOARDS & COMMISSIONS
ANNUAL REPORT / WORK PLAN FOR THE COUNTY COMMISSIONERS
The Board of Commissioners welcomes input from various advisory boards and
commissions in preparation for its annual planning retreat. Please complete the following
information, limited to the front and back of this form. Other background materials may be
provided as a supplement to, but not as a substitute for, this form.
Board /Commission Name: Commission for the Environment
Persons to address BOCC at work session and contact information:
Chair:
Vice Chair Lydia Wegman 919 - 886 -8775 Inwegman @gmail.com
Primary County Staff Contacts :
Department of Environment, Agriculture, Parks and Recreation
Rich Shaw (Land Conservation Manager) 245 -2514 rshaw@orangecountync.gov
Tom Davis (Water Resources Coordinator) 245 -2513 tdavis @orangecountync.gov
Brennan Bouma (Sustainability Coordinator) 245 -2626 bbouma @orangecountync.gov
How many times per month does this commission meet, including any special
meetings and sub - committee meetings?
One meeting per month (2nd Monday); committees meet as needed during meeting
Brief Statement of Commission's Assigned Charge and Responsibilities.
Purpose: to advise the BOCC on matters affecting the environment, with particular
emphasis on environmental protection and enhancement. Other duties include:
• Perform special studies /projects on environmental issues as requested by BOCC
• Recommend environmental initiatives to the BOCC, especially of local importance
• Study changes in environmental science and environmental regulations in the
pursuit of the CFE's duties
• Educate the public and local officials on environmental issues
What are your Commission's most important accomplishments?
• nli Bate a , ;eiJec of naw1"1ga2g,[ auIT liallas on vauITlio u,: auW ronnnentall
I a e uIT�Fraauinuincu": atliau": „: to on 2016 bond a a au: 20 Q2got ',: a.u,:a of
nert)libde,: and 2g §jtibde : at County naoITlls§ au”: faalillh lia,: Q°i a
Cornimente to IC: IIau:u:liu: :�3d au: nuITana,:a allnau: a§ to , "u,rtaaa .
:IuIrovlide(l deas for :��VDlllc Sery iiiiouiceiTelits II: taury t au uut urva,tlia at :
.......................................................................................................... JL.............. ...............................
QolIat)oirated wa tlh other auntlitles an ane, aao: §,gLyatlo n and uin nnt, nuIT0 aat�:
• Published the 2014 Orange County State of the Environment report
(previous reports were completed in 2000, 2002, 2004, 2009)
• Convened Orange County Environmental Summit (2005, 2009, 2014)
• Made recommendations to BOCC on food waste and solid waste tax district (2014)
• Worked with Orange County Schools to introduce local environmental indicators/
status and trends into middle and high school science curriculum (2004, 2009, 2014)
• Hosted a Solid Waste Forum with the Chapel Hill Sustainability Committee (2013)
Commission for the Environment November 26, 2014
• Co- sponsored the annual Nature of Orange photography contest ( 2012 2910
• Advocated for' /2 cent sales tax referendum for Triangle Region public transit (2012)
• Compiled annotated bibliography of the effects of forestry on water quality (2012)
• Developed sustainable landscaping and forest management policies for the
administration of County -owned facilities (2010)
• Assisted County staff in completing the Natural and Cultural Systems Element of the
Orange County Comprehensive Plan (2008)
List of Specific Tasks, Events, or Functions Performed or Sponsored Annually.
2 4,s nc: to IlunicuIT vcuITunuincuni Il IC: uITll : Woil,, GrW:ip gunk QEgo ] c Q on iic ..11. ' n,:p. E2g u'
• Review and comment on environmental issues (e.g., fracking, biosolids application,
water pollution, air quality, forest mgmt..) and other issues assigned by the BOCC
• Identify priorities for the Lands Legacy Action Plan (natural areas and wildlife habitat)
• Conduct special studies pertaining to Orange County environment (e.g., energy
efficiency /sustainability, forestry effects on water quality, herbicides and native flora)
• Develop recommendations on implementation of ground water studies of the 1990s
and the integration of ground water and surface water quality and quantity
• Conduct environmental education outreach at events (eg, Last Friday, Ilj p „ITS „Ili llj iiii „pq „)
Describe this commission's activities /accomplishments in carrying out BOCC
goals /priorities, if applicable.
BOCC Goal Five: Create, preserve, and protect a natural environment that
includes clean water, clean air, wildlife, important natural lands and sustainable
energy for present and future generations.
Presented findings and recommendations to BOCC on selected environmental
issues: effects of forest mgmt. on water quality; effects of herbicides on roadside
native plant habitat; potential effects of hydraulic fracturing ( "fracking ") in Orange
County; problems caused by hydrilla in the Eno River (BOCC Priorities #1 and #12)
Stayed abreast of ongoing and developing env. issues of importance to the County,
such as Falls & Jordan Lake nutrient mgmt. rules, reducing commercial food waste in
solid waste stream, and permitting of biosolids on farmland (Priorities #12 and #16)
Provides comments on proposed master plans for future parks /preserves
If your commission played the role of an Element Lead Advisory Board involved in the
2030 Comprehensive Plan preparation process, please indicate your activities/
accomplishments as they may relate to the Comprehensive Plan's goals or objectives.
(Element Lead Advisory Boards include: Planning Board, Commission for the Environment,
Historic Preservation Commission, Agriculture Pres. Board, and Parks & Recreation Council)
The CFE provided extensive input into DEAPR staff development of the Natural and
Cultural Systems Element of the Comprehensive Plan— specifically the chapters on Air
and Energy Resources, Water Resources, and Natural Areas and Wildlife Habitat.
Objective AE -1:
Assess and implement the current countywide greenhouse gas emissions inventory and
action plan target reductions.
• The CFE helped to initiate a countywide inventory of greenhouse gas emissions
(2005), and continues to advise on ways to reduce the County's "carbon footprint."
Objective AE -15:
Commission for the Environment November 26, 2014
Foster participation in green energy programs such as installation incentives for solar hot
water /solar generation /solar tempering in residential or commercial construction. The
County should develop programs that will link citizens and businesses with options for
alternative and sustainable energy sources.
• The CFE's Air and Energy Resources Committee has developed proposals that
address energy efficiency and renewable power issues, and will pursue further in
collaboration with other advisory boards and stakeholders.
Objective NA -3:
Develop a more detailed and consistent methodology for monitoring changes in forest
cover throughout the County, and specifically the extent of mature hardwood forest.
• The CFE's State of the Environment report documented significant reductions in
mature hardwood forest that occurred from 2003 -2008 and since 1988. DEAPR staff
will update those data to include forest conversions that occurred 2009 - 2013.
Objective NA -11:
Develop a comprehensive conservation plan for achieving a network of protected open
space throughout Orange County, which addresses 1) threats to important natural areas;
2) connectivity between protected areas; 3) coordination with neighboring counties; and
4) sustainable management of critical natural resources.
• The CFE's Il uollo �oollll... and Resources Committee lip: ouITllJin liih oilher on,, ;euITv i'on
ni fle,,: to liin Plato the ovollopu,ngu]t of g on,, ;eirva lion n Il a n. aepaFi?d a
Objective NA -16:
Create a system of public and private open space and conservation areas, including
parks, nature preserves, and scenic vistas representative of Orange County landscape.
• The CFE advises County's Lands Legacy program in its efforts to protect the most
important natural and cultural resource lands through a variety of means.
• The CFE's IC::: od4o. Gao,11.... and Resources Committee lip: ouIT,,J, n liill� other ou�n ,,;eirva'on
5 q ....................
ni fle,,: to liin Plato the ovollop�,ngu]t of g g2MEo : ?honsive on,, ;eirva Noun Il an. Fi ?paIT�?
.u.wITdk.6 ........IC:ko. „.0 Fat; ou ....p�J..�,tc.n:....11 :.l4i
Objective WR -5:
Promote and participate in regional efforts to plan for use of water supplies in the region
in an equitable manner, including contingency planning for water supplies during
droughts. [Also Objectives WR -9, WR -10, and WR -15]
• CFE stays abreast of Jordan Lake Partnership and advises staff as needed
• CFE advocates for full implementation of the Water Resources Initiative to ensure
planning for an adequate water supply for current and anticipated future needs
Objective WRA 1:
Provide incentives and educational information to landowners to increase protection of
watersheds and ground water supplies and their inter - relationships.
• The CFE distributes groundwater and surface water educational materials at Festifall
and Last Fridays events and as part of its State of the Environment reports
NOTE: The Orange County State of the Environment 2014 identified specific
recommendations on ways to help maintain and improve Orange County's
environmental quality, many of which address objectives stated in the
Orange County Comprehensive Plan.
Commission for the Environment November 26, 2014
Identify any activities this commission expects to carry out in 2010 as they relate to
established BOCC goals and priorities. If applicable, is there a fiscal impact (i.e.,
funding, staff time, other resources) associated with these proposed activities (list).
• Continue to update the Orange County State of the Environment 2014 report
Conflinue to expI2 2 VVgy§ .... GIRVe R R a w" el'gy 11 .s* a cuIT (or ... 0w val Rt work 0uIT u::Ip)
to improve the County's ability to foster local sustainable energy production and
.... . . . .l.J....... .................................................................................................F....... .li.....� .. . ....c.�.c.....
q.0 ener gY efficiency strategies uac ui,J,n 0cyc.l . pj,n . q n enflve,; for incin', ....
2 ii0.. 2. iiu. 0..... 1. ii" u.. ...i new ....0.2.n.. "ut.!1r u.0:�.!Lon
• Recommend ways to reduce the County's "carbon footprint" and implement the
County's Environmental Responsibility Goal (BOCC Priority #10)
• onflinu.u2 t2 h6p Hellp with public outreach and management efforts related to hydrilla
in the Eno River
• Help initiate the development of a comprehensive conservation plan for Orange Co
(BOCC Priority #1)
GoflaboFate 4tli u2 G 11...1ciau;uall Caw0R aR0 cihu6 1c de4fy 6uqu;u1uGaRi ucm(J6u0
halbk t 1cu, natve plants!,! ts!,! .. aE ;; Ik 110 II ) II: a. i0 other wt4ku es to V w ciur1 those roads de
haIl li: a [awthcu uzed II a Q.,)GG JURe 2012]
• Co- sponsor the annual DEAPR photography contest (The Nature of Orange)
• Help plan for and participate in DEAPR's annual Earth Il )ay event
What are the concerns or emerging issues your board has identified for the upcoming
year that it plans to address, or wishes to bring to the Commissioners' attention?
• The CFE will continue to advocate for an expansion of the County's commercial food
waste pickup and composting services to reduce food waste in the solid waste stream
• The CFE remains interested in developing incentives for increasing energy efficiency
in new construction [January 2012 memo to Planning Board]
• The CFE will
on lo 2 t14ve.to learn more about environmental justice matters and
.. .............:in.L..........:...
incorporate relevant information and considerations in the State of the Environment
2.01....report
• The CFE will
2 n linus��� i �
follow s ,the Solid Waste Advisory Group's discussions
.. ....... :.L..........2 :.....:..........
of how to improve the handling and disposal of Orange County's solid waste, and will
advocate for better long -term solutions
• The CFE will continue to advocate for increased efforts to gather information related
to water resources in Orange County and 4fl GOIRtIRUe to increase public awareness
and understanding of water supply sources, related concerns, and what steps can be
undertaken to maintain or improve the quantity and quality of Orange County water
supply resources
• The CFE will continue to address, as appropriate, the critical environmental issues for
Orange County as enumerated on page 3 of the 2014 State of the Environment
report, which include potential adverse effects from a) invasive, non - native, plant and
animal species; b) reductions in State -led collection of water resources data; c)
potential drilling for natural gas in the Deep River basin; d) urban sprawl; and CFE
support for e) the responsible deployment of clean and appropriately -sited renewable
energy and reductions in energy use to help fight climate change
4
ORANGE COUNTY
DEPARTMENT OF ENVIRONMENT, AGRICULTURE,
PARKS AND RECREATION
MEMORANDUM
To:
Commission for the Environment
From:
Rich Shaw
Date:
November 3, 2015
Subject:
Election of Officers
The Commission for the Environment is scheduled to hold its annual election of officers
(Chair and Vice Chair) as specified in the CFE policies and procedures.
Section III of the procedures is provided below for your information and guidance:
SECTION III: MEMBERSHIP
A. Authority ...
B. Composition
C. Officers
1. The elected officers of the Commission for the Environment shall consist of a Chair
and a Vice Chair.
D. Election Procedures and Terms of Office
1. The Officers shall be elected by the Commission for the Environment from among its
members at the regular meeting in November of each year. They shall take office at
the following regular meeting.
2. The candidate for each office receiving a majority vote of the Commission for the
Environment members present shall be declared elected.
3. The officers shall be elected for a term of one year. They shall be eligible to succeed
themselves for not more than three consecutive terms.
4. Appointment to serve for any actual period of one (1) year or more will constitute a
full term. Appointment for any actual period of less than one (1) year will constitute a
partial or unexpired term.
Environment, Agriculture, Parks and Recreation
PO Box 8181 /306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2510
Attachment 8
ORANGE COUNTY
COMMISSION FOR THE ENVIRONMENT
Since February CFE members have worked with staff to develop monthly articles for the Chapel
Hill News and The News of Orange County. Thus far there have been articles on hydrilla in the Eno
River, electronic vehicle charging stations, the benefits of native plants, problems caused by the
emerald ash borer and other invasive species, and the effects of fracking on Orange County.
Revised Calendar for Preparing /Puhhshmg News Articles
November 9, 2015
Topic
SOE
Committee (Lead)
Completion'
Publication
H drilla in the Eno
69-70
Water Cada /Davis
Aril
Aril
New electric vehicle
charging stations
21 -22
Air & Energy Bouma
Aril 15
May 13
Pollinator Issues
pp. 43 -44
Land O'Connor /Shaw
June
June
Terrestrial invasives /
choosing native spp.
pp. 43 -44
Land Resources
Hintz /Shaw
Aug 15
Aug 19
Potential effects of
fracking in Orange Co.
pp. 71 -72
Water Davis /Sassaman
Sept 1
Oct
Solarize projects
N/A
Air Est Energy (Neal /Bouma)
draft
Oct 15
late Oct
Water conservation
pp. 47- 54
Water Cada /Davis
draft
Nov 15
late Nov
Barriers to solar
development
N/A
Air Est Energy
/Bouma
draft
Dec 15
late Dec
Land conservation
pp. 37 -42
Land We man/Shaw
Reconsider schedule for 2016 (change to quarterly?)
Environment, Agriculture, Parks and Recreation
PO Box 8181 /306 -A Revere Road
Hillsborough, NC 27278
(919) 245 -2510
ORANGE COUNTY BOARD OF COMMISSIONERS MEETING SUMMARY
October 6, 2015
The following is a brief summary of the Board actions.
4. Proclamations/ Resolutions/ Special Presentations
a. Arts & Humanities Month — 2015 Piedmont Laureate James Maxey
The Board was introduced to and heard a brief selection from Hillsborough resident and
speculative fiction author James Maxey, the 2015 Piedmont Laureate.
b. Resolution Recognizing Evelyn Lloyd for Service
The Board voted to approve a resolution recognizing Evelyn Lloyd for her 41 continuous
years of service on the Historic Hillsborough Commission.
C. Proclamation Naming Fairview Park Ballfield for James Stewart
The Board voted to approve a proclamation naming the existing baseball /softball field
at the County's Fairview Park for the late Mr. James "3unebug" Stewart.
5. Public Hearings
a. Class A Special Use Permit for the Emerson Waldorf School
The Board received the Planning Board recommendation, closed the public hearing, and
voted to approve a Class A Special Use Permit ('SUP') application submitted by the
Emerson Waldorf School located at the intersection of New Jericho and Millhouse Roads.
The applicant proposed revisions to the school's current SUP and requested approval of
a Master Plan outlining the long -term expansion of the school's facilities and
infrastructure in accordance with the Orange County Unified Development Ordinance.
7. Regular Agenda
a. Additional Discussion Regarding a Nov 2016 Bond Referendum
The Board continued discussion regarding a November 2016 Bond Referendum, and
voted to adopt a preliminary resolution to set the bond at a total of $125 million with
$120 million for schools and $5 million for affordable housing. The Board also voted to
designate $1 million per year of CIP funds for schools over the next five years and $1
million per year of operating funds for affordable housing over the next five years.
b. Affordable Housing Fund Criteria
The Board tabled establishing a process and criteria to fund affordable housing projects
until during or after the Work Session on November 10, 2015.
8. Reports
a. Report on Small Business Investment Grants, Agriculture Economic
Development Grants, & Small Business Loan Program
The Board received a report on the current status of 3 grant and loan programs ( "Small
Business Investment Grant ", the "Agriculture Economic Development Grant ", and the
"Small Business Loan Program ") that are administered by the Orange County Economic
Development Department to support the retention and growth of small businesses,
agriculture and food systems - related agriculture ventures throughout Orange County.
North Carolina League of Conservation Voters
NCLCV Weekly News — October 26, 2015
McCrory Signs Polluter Protection Act
Gov. Pat McCrory on Friday left no doubt where he stands. By signing HB 765, the 2015 "rules
reform" bill now widely known as the Polluter Protection Act, McCrory acted to protect polluters at
the cost of greatly increased danger to the health, clean water, and clean air of all North Carolinians.
"We are greatly disappointed with Governor McCrory's actions today. We had shared our concerns
with the Governor, emphasizing that nothing in this bill was essential but much was harmful. We're
saddened to see our leadership give a green light to such egregious, anti - environmental actions,"
said Carrie Clark, Executive Director of NCLCV.
McCrory acted in spite of receiving more than 8,600 emails and hundreds of phone calls from
concerned citizens urging him to veto the bill. A joint letter to McCrory from 15 citizen conservation
organizations (including NCLCV) explained the bill's dangers and urged a veto. Major newspapers
around the state joined in editorializing against the bill.
"This bill undoes so much of the progress our state has made in the last decade to clean up our air
and water, build healthier communities, and create a stronger workforce. Now, using false claims
that these regulations were holding back business, our Governor and legislative leaders have
allowed polluters to have their way with our natural resources and the future prosperity of our state,"
remarked Dan Crawford, NCLCV Director of Governmental Relations. "Governor McCrory has
simply reaffirmed his position of siding with corporate polluters over the interests of North
Carolinians and the future of our state."
As previously outlined in CIB, here are three of the worst problems created by this bill:
• The bill's "polluter protection" provision (known euphemistically as the "environmental self -
audit") excuses permit - holders who violate environmental limits from civil penalties for their
offenses, if they self - report the violations. This encourages carelessness by air and water
pollution dischargers. And it lets the polluters keep evidence of the audit discovering the
pollution secret from civil suits and the public.
• The bill cuts back state protections for isolated wetlands and eliminates state protections for
intermittent streams (streams which flow in an established channel but only for part of the
year). These waters are critical to wildlife and to protecting clean water in other streams and
rivers across the state throughout the year.
• The bill will require the state's air quality protection agency to shut down about half of its air
quality monitors, creating willful blind spots in our monitoring network and making effective
regulation of air pollution much more difficult.
HB 765 helps to ensure that environmental protection will be a major concern in the 2016 election
cycle getting underway now.
POINT OF VIEW: DAMAGING OUR ENVIRONMENTAL I
of the McCrory administration. In-
®
Finger
stead of continuing leadership on the
environment, there is fingerpointing
S
and gnashing of teeth at those who
are rofle =in
N,
have gone before, assigning blame for
perceived deficiencies while long
' 27' 20 f
enjoyed environmental protections
BY DEE FREEMAN Atwi = _P Obs$ojr provided critical leadership during
are rolled back conservation is
starved for resources and natural'
the Great Recession to maintain the
resources are put at risk.
ver the past half century,
state's environmental mission to
North Carolina deserves better. A
North Carolina has been
0
sustain clean air and water, protect
clean environment is essential to the
a leader. on the envi-
our land and natural resources, and
health of our people, and it is an
ronment through the
address climate change. She oversaw
imperative for successful businesses
exemplary work of many dedicated -
approval of the Jordan Lake and
in our state.
and impassioned people.
Falls Lake Rules to assure clean and
Next year our state engages in its
Principal among these leaders
safe drinking water. Gov. Perdue
time- honored quadrennial right of
have been our governors, beginning
also worked with Attorney General
electing agovernor. It is time to
with Jim Holshouser and his work on
Roy Cooper on his lawsuit that re -'
change our political dialogue away
the Coastal Area Management Act
sulted in the "EPA /TVA Settle-
from churlish rhetoric to the construc-
that has protected our unique and
ment," stemming the interstate
tive consideration of what course the
beautiful coastline. Jim Martin was a
transport of air pollution out of the
Tar Heel State should pursue on the
champion of air quality and achieved
Tennessee Valley for years to come.
environment. The selection of a gov-
the regulation of a long list of air
I was proud to work on these par-
ernor should respect our state's heri-
pollutants as a result of his executive
ticular initiatives.
tage and look to leadership that brings
order to bring; air pollution under'
Each administration to the next had
maturity back to North Carolina's
control. Jim Hunt gave us the Million
its successes and saw opportunities
disposition on the environment and
Acre Initiative and showed us that
unfulfilled for one reason or another,
offers common sense in its actions to
conservation matters. Mike Easley
but common among each was the
nurture the land we know as the Old
and his administration produced the
passion and desire to move North
North State.
acclaimed Clean Smokestacks Act
Carolina forward for the good of its
that is to this day manifesting the
people. Today, we have seen this
Dee Freeman of Raleigh was secretary
benefits of clean air for all North
proud heritage on the environment,
of the N.C. Department of
Carolinians. ?
conservation and natural resources
Environment and Natural Resources
More recently, Beverly Perdue
regress unimaginably with the actions
from 2009 to 2013.
i
UPDATE: OWASA Biosolids Management
From: Greg Feller / OWASA
Sent: Monday, October 26, 2015
Subject: OWASA Board of Directors' decision on Oct 8, 2015 regarding biosolids management
I'm writing to follow up on our earlier communication with you about the
OWASA Board of Directors' consideration of biosolids management.
After receiving information from staff and comments from citizens on October
8th, the Board decided that:
• OWASA will move toward recycling about 75% of its biosolids in "liquid"
form on approved farmland (when practical), and recycling about 25%
in dewatered form at a private composting facility in Chatham County.
(OWASA now applies about 50% of its biosolids in liquid form on
farmland and dewaters 50% for transport to the composting facility.)
• OWASA staff will give the Board of Directors a status report in January
2017 on experience with the 75 % -25% approach.
• OWASA will fill 2 vacant biosolids staff positions to enable this change.
• OWASA will seek proposal from private companies for seasonal
assistance in biosolids recycling.
We will continue to keep you informed about biosolids management items to
be considered by the OWASA Board in the future, including the report planned
for 2017.
If you have any questions or comments, please feel free to contact me.
Sincerely,
John Kiviniemi, Wastewater Treatment and Biosolids Recycling Manager
919 - 537 -4352 or jkiviniemi(a)-owasa.org
NC Sierra Club — Headwaters Group
....................... ............................... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
Thursday, November 12, 2015 -- 6:30 pin to 8:30 pin
1) 1,11 r, lh� 1:1'rn "K III, 1"t �vilrl "Jewish Corny"nuirlity (1, e In t e Ir
1937 West Cornwallis Road., DUrham, NC
Environmental justice is the fair treatment and. meaningfUl involvement of all people e with
respect to environmental issues. In plain English, it asks qUestions about who ends LIP hVilIg
next to the things no-one likes: stinky hog farms, P01111ted. streams and. toxic indlIstries. These
"facilities" are often concentrated in less affl Uent COMM Ullities of color. SO it's FLOC east that YOU
live in DUrham factoring illtO your health; beat which neighborhood of DUrham.
Realizing that if we are "enlisting the planet" in the environmental challenges we face, the Sierra
ClUb is working to diSCLISs and explore the linkages between environmental qUality and. social
JUStice, and. to promote dialOgUe, increased. Understanding and. appropriate action.
This panel will took at what is going on in NC. The panelists are:
Ig [gg!,,,s-l-gI . . ...... 92 1,2,: http:llwww.meetup.com/ C-Sierra-Club-Headwaters-Grouplevents/2255561131
/K- Ale4Jr 6 n.g a/Jrelve --
i
i
yW
BY COLIN CAMPBELL
ccanipbell@newsobserver.com
CC A�. a 2a
new egtl Crop
Farmers in North Car-
olina are likely to wake up
Saturday morning with a
new option for growing
crops: Industrial hemp
production is expected to
become legal at the stroke
of midnight.
Lawmakers passed the
legalization legislation in
September, in the final
days of the session. The
proposal hadn't previously
been made public, and
some conservative groups
worry that questions about
the plant's connections to
its cousin, marijuana,
didn't get answered.
The bill has been on
Gov. Pat McCrory's desk
for weeks, and unless he
vetoes it, it will become
law without his signature
at midnight Friday.
Lee Edwards of Sugar
Hill Farms in Kinston is
among the farmers eager
to add industrial hemp to,
their fields.
"Hemp really gives us a
crop during the summer-
time that is a viable cash
crop to us," he said.
"We're in a perfect ge-
ographical location for the
production of hemp with
our climate."
Hemp hasn't been legal
in North Carolina in part
because of a stigma: The
plant is a relative of mari-
juana and looks similar.
But hemp lacks much of
the active ingredient that
makes marijuana a recre-
ational drug: Tetrahydro-
cannabinol, or THC.
To get high from indus-
trial hemp,. Edwards said,
"you'd have to smoke a
joint the size of a tele-
phone pole." Consuming
enough hemp to feel any
THC- related buzz also
results in the equivalent of
taking two to three doses
of a high -fiber laxative,
research has shown.
The N.C. Sheriff's Asso-
ciation supports the legis-
lation because industrial
hemp farmers would need
• permit, administered by
• new state Industrial
$Hemp Commission under
Legalization bill will
become law unless
McCrory vetoes
Spring Hope has one of
the only hemp processing
plants in the country
Supporters battle stigma:
`We're for rope, not dope'
federal rules.
"Getting a permit would
make it easy for law en-
forcement to know where
the legitimate growers
were," association director
Eddie Caldwell said. "If
you don't have a permit,
then the assumption is
going to be it's the smok-
ing kind.
North Carolina is also
home to one of the coun-
try's only decortication
plants, a facility that pro-
cesses hemp to sell to
textile manufacturers and
other users. The multimil-
lion- dollar plant is set to
start production within
months at a cavernous
warehouse outside the
tiny Nash County town of
Spring Hope.
Hemp, Inc., plans to
eventually employ 200
people at the facility. It will
initially process kenaf, a
similar plant that's already
legal, and shift to industrial
hemp when farmers begin
their first harvest.
"There's a lot more
products that I can make"
using hemp than kenaf,
said David. Schmitt, the
company's chief operating
officer. "Nobody wants to
make a flag out of kenaf."
In addition to its uses in
fabrics,.paper and car
parts, the oil extract from
David Schmitt, of the Industrial Hemp Manufacturing
Company in Spring Hope, sifts the product of processed
kanaf at a facility set to also process industrial hemp.
............................................................................... ...............................
How hemp is
More than 25,000 products can be made from industrial
hemp, according to the North American Industrial Hemp
Council. Among them:
e Recyclable paper
Seeds and oil used in snack foods
*Oil and natural gas drilling fluids
e Car doors and other interior auto parts that would
otherwise be made with plastics
® Oil spill absorbents
e Hemp extract oils used to treat epilepsy. A bill signed
by Gov. Pat McCrory in July allows neurologists to
provide the oil to patients.
industrial hemp can be
used to treat epilepsy. A
new North Carolina law,
signed by McCrory in July,
allows neurologists to
dispense hemp, or CBD,
oil to patients.
Schmitt says his compa-
ny plans to eventually
produce the oil in Spring
Hope and will donate
some of the product to
patients who couldn't
otherwise afford it.
`SIMPLY RUSHING'
But not everyone is
cheering. Rev. Mark
Creech of the conservative
Christian Action League
worries hemp could ulti-
mately lead to marijuana
legalization in the state.
"What does this mean
when farmers are able to
grow industrial hemp and
they get used to the prof-
its, and then they start to
think of the profits they
might gain from the legal-
ization of marijuana ?"
Creech asked.
Legislators showed no
appetite for marijuana this
year. A House committee
in March unanimously
rejected a proposal to legal-
ize medical marijuana.
Creech said he didn't
get a chance to voice his
concerns about hemp
because the bill surfaced
at the end of the legisla-
tive session and passed
the House and Senate
days later.
"I think that we should
have been asking a lot of
questions rather than
simply rushing that bill
through," he said.
Legislators presented
the hemp bill as a job -
creating measure, but
Creech has another theory
for the near - unanimous
vote. "I think that's the
result of Republicans who
were too tired to ask the
necessary questions or too
tired to fight," he said.
Even the N.C. Industrial
Hemp Association, which
was created less than a year
ago to lobby for legaliza-
tion, was surprised only
two senators and seven
House members voted no.
"It blew our minds," said
the group's_ director, Tho-
mas Shumaker. "We were
expecting it to be close."
Shumaker, whose father
is longtime Republican
strategist Paul Shumaker,
said the group deliberately
planned the bill to appear
late in the session because
"we didn't want it to get
parked" in committee.
Instead, the House
Rules Committee released
the hemp legislation a few
days before the legislative
session ended, sticking it
in a Senate bill that origi-
nally dealt with special
license plates.
Thomas Shumaker
noted that because the
March hearing on medical
marijuana resulted in a
legislator getting assault-
ed, "we worried that any-
thing that had to do with
the cannabis plant would
get thrown out because of
that reaction."
Instead, the Hemp As-
sociation's team of four
lobbyists quietly worked
the halls of the Legislative -
Building for months.
"They sat down and
talked to almost every
single legislator and said
to them, `hemp isn't mari-
juana -we're for rope, not
dope, "' Shumaker said.
NEW AGENCY
If the hemp bill be-
comes law, as expected,
the association will need
to raise $200,000 to fund
the creation of the N.C.
- Industrial Hemp Commis-
sion, to regulate the crop.
Requiring private dona-
tions to fund a new state
agency is unusual, but
Shumaker said "that
helped get it through the
legislature because we
.weren't asking govern-
ment to put tax dollars
behind it."
While dozens of farmers
have voiced interest in
hemp, Shumaker expects
production will start small:
Fewer than 50 acres are
likely in the first year, and
about 1,200 acres are
expected in the second.
"It's hard to convince
someone that growing a
federally controlled sub-
stance in their fields is a
good idea," he said.
Edwards, the Kinston
farmer, says he thinks
hemp will prove a profit-
able addition to his rota-
tion of organic corn, soy-
beans and wheat.
"There's a strong mar-
ket," he said. "We're pull-
ing most of what Canada is
growing, and they can't
keep up with the dema_id."
Campbell: 919-829-4698,
@a RaleighReporter